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2011-33

ORDINANCE PROVIDING FOR A WAIVER FROM THE REQUIREMENTS OF ORDINANCE 1997-101 FOR THE ELGIN LOCAL SCHOOL DISTRICT TO ALLOW THE MAYOR AUTHORITY TO SIGN AN AGREEMENT BASED UPON THE FORMAT UTILIZED IN THE VILLAGE OF GREEN CAMP, OHIO MATTER AND DECLARING AN EMERGENCY

WHEREAS, the Elgin Local School District has requested the Council for the City of Marion grant a one-time waiver from the application of Ordinance 1997-101 given the unique circumstances present in this proposal and given the fact that Elgin is an Ohio governmental taxing district, and

WHEREAS, Council determines it advantageous at this time, given the circumstances present in this matter to authorize the Mayor to enter into an Agreement based upon the format utilized in the Village of Green Camp, Ohio matter, and

WHEREAS, Council after full consideration of the particular facts present in this case, after examining the City's sanitary sewer system and the impact thereto,

BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio:
Section 1. Council finds it necessary on behalf of the citizens of the City of Marion to, given the unique circumstances in the present matter, to grant a one-time, non-precedent setting, waiver to the Elgin Local School District from the requirements of Ordinance 1997-101 and the related Marion City Codified Code sections so long as the Elgin Local School Districts properly authorizes and executes a written Agreement in a form acceptable to the Mayor and the City of Marion Law Director based upon that which was utilized in the Village of Green Camp, Ohio matter. Directing and permitting the Mayor the authority to include in said Agreement all provisions they may deem necessary to protect, preserve and enhance the Marion sanitary sewer system.

Section 2. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, and due to the real and present need to move forward without delay given Elgin's project time lines and the imminent risk they may need to go with a less beneficial alternative, and as such, shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.

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Dave Edwards
Approved: President of Council